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Fear of closing a valued business with a personal injury claim
01/07/2009
One of the things that we sometimes hear, in our no win no fee office, as a reason not to make a personal injury claim is the effect it might have on the company or person being claimed against.
Sometimes that's because, say, a work injury has occurred at a firm that the injured party feels loyal to; sometimes the person who was involved in the accident feels that the other side has already done enough. But, with the recent news regarding the crash of the world's last remaining sea-going paddle steamer, it might be predicted that the twelve people who suffered personal injury may be weighing up their options.
We've seen them in films, these boats - majestic things gliding in state down rivers, the paddle at the back steadily rotating - and, until the passenger accident occurred, I wasn't aware that there were any left beyond a tourist attraction in New Orleans. (I went on that one as a teenager, and it travelled up and down the Mississippi without incident - I have a photo still, and if it weren't for the shockingly unpleasant outfit I'm wearing in it, it would be in the album.)
More importantly, I'm uplifted to discover there's still one in working order and still doing its job, at the same time as taking a professional interest in its heavy landing at the Dunoon pier.
What people tend to worry about is that, if they successfully secure 100 percent compensation in a claim against a valued organisation, their actions might close the business. The desire not to be responsible for this may persuade people out of exploring a claim with a legal professional.
However, what that no win, no fee lawyer is likely to tell a victim is that the claim will, in most cases, be handled by the business' insurance company rather than the business itself. Judging by a quick browse through the internet just now, it's actually quite hard to find a firm that claims it went into administration over a compensation claim, let alone find one with proof that it's true.
So, if those twelve injured passengers are finding their thought processes restricted by fear of being responsible for the sea-going steamer becoming a thing of the past, perhaps this will be enough reassurance to persuade them to visit a personal injury lawyer, at least. Not that the fears should, necessarily, be dismissed, but they can be expressed to a professional who will be able to reassure or confirm them as needed.
You might say that a no win, no fee firm would say that; well, with no control group I can't be sure you're wrong. But isn't it clearly at least as true, if not more so, that we would have no interest in pursuing a personal injury claim that the sufferer did not feel comfortable with?
